This sample Request for Proposals (“RFP”) is provided to guide you in the RFP process when you are purchasing services. This RFP is a sample only and is not the only format you can use. Many of the provisions are important to include. This is particularly true with regard to the provisions in section 2, Administrative Information. If you want to purchase goods, you should consult with your legal counsel to determine whether you have the authority to purchase goods or whether you will need to utilize the assistance of the Department of General Services. If you are not sure whether you are purchasing goods or services, you should consult with your agency’s attorney.
This sample RFP contains annotations explaining and commenting upon various provisions of the RFP. The purpose of the annotations is to explain the reasons why the provision is important, drafting considerations, suggested alternative language, and other pitfalls associated with the RFP process.
Much of the language in this sample is standard; however, there are times when portions of the sample will not be appropriate for a particular procurement. If the annotation indicates that the language is optional and it does not apply to your procurement, you should delete the language. Do not add a “Not Applicable” memo. You should consult with your legal counsel if you wish to delete or amend language in this sample RFP that is not identified as optional.
Throughout this sample RFP you will find words or instructions in bold brackets, for example: [date]. This indicates that you must enter some information (fill in the blank), or change the existing information. After you have entered the necessary information, remove the brackets and bold type. Other bold type, without the brackets, represents either a heading or information that is being emphasized. You do not need to make any changes to bold type that does not have any brackets.
This sample RFP refers to prospective service providers as “vendors.” Other terms, such as “proposers,” “bidders,” or “service providers” can be used instead, depending on your preference. The key thing is to pick a term and use that term consistently throughout the RFP.
4.2 Technical Proposal
4.2.1 Transmittal Letter
4.2.2 Table of Contents
4.2.3 Executive Summary
4.2.4 Service Requirements
4.2.5 Background Information
4.2.6 Experience
4.2.7 Personnel
4.2.8 Financial Information
4.2.9 Terminations, Litigation, Debarment
4.2.10 Proposal Certification
4.2.11 Acceptance of Terms and Conditions
4.2.12 Certification of Independence and No Conflict of Interest
4.2.13 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions
4.2.14 Authorization to Release Information
4.2.15 Firm Bid Proposal Terms
4.2.16 Bid Proposal Security
4.2.17 Certification Regarding Sales and Use Tax
4.3 Cost Proposal
5.1 Introduction
5.2 Evaluation Committee
5.3 Evaluation Criteria
5.4 Recommendation of the Evaluation Committee
6.1 Contract Terms and Conditions
6.2 Contract Length
__ Contract Terms and Conditions
__ Proposal Certification
__ Certification of Independence and No Conflict of Interest
1.
__ Certification
Regarding Debarment, Suspension, and Eligibility, and Voluntary Exclusion
__ Authorization to Release Information
SECTION
1 Introduction
1.1 Purpose
|
This section should contain a description of the purpose of the RFP (i.e. a statement informing the vendor that the agency intends to purchase a particular service). Tell the vendors how long you anticipate the resulting contract to be and whether there will be any option periods at the end of the original contract. If you want to reserve the right to purchase the same or similar services from more than one vendor, you should say so here. |
The purpose of this Request for Proposals (RFP) is to solicit proposals from qualified service providers to [describe the type of service you are seeking to purchase] to provide services to the [name of your agency] (Agency). The Agency intends to award a [enter the number of years the initial term of the contract will be] year contract beginning on [date] and ending on [date], with up to [enter the number of possible one-year extensions] additional one (1) year extensions at the sole discretion of the Agency. Any contract resulting from the RFP shall not be an exclusive contract.
1.2 Definitions
|
You should include a definition section in the RFP if you are using unfamiliar or uncommon terms or acronyms, or when non-agency persons may not be familiar with the scope of services. Technical terms and words that have a particular meaning as used in the RFP should also be defined. Once you have defined a term, it must be capitalized throughout the remainder of the RFP text. |
1.3
Background Information
This RFP is designed to provide vendors with the information necessary for the preparation of competitive bid proposals. The RFP process is for the Agency’s benefit and is intended to provide the Agency with competitive information to assist in the selection process. It is not intended to be comprehensive. Each vendor is responsible for determining all factors necessary for submission of a comprehensive bid proposal.
[fill in
RFP-specific background information here]
The background information section provides vendors background information about your agency and the RFP. This section also provides vendors with information about the environment in which the proposed services will be provided and helps to even out the playing field among the vendors by providing them with enough information so that all vendors will have a reasonable opportunity to understand exactly what it is the agency is buying.
Things you may want to include in this section are:
· Identification of the issuing agency and it business or mission.
· Relevant facts and history surrounding the project.
· Key elements of the organization chart, particularly the location and reporting relationship.
· A statement about the goals and objectives of the project, to the extent they are not already covered in the purpose section of the RFP.
· What related items/programs are currently in place, what will stay in place, and what is being replaced.
· The statutory and/or regulatory framework for the project.
· Unusual features of the RFP, e.g., restrictions on who may bid.
· If funding for the resulting contract is undetermined or uncertain, you should be up front and explain this fact to vendors in the background information section of the RFP
SECTION
2 Administrative Information
2.1 Issuing Officer
2.
The Issuing Officer, identified below, is
the sole point of contact regarding the RFP from the date of issuance until
selection of the successful vendor.
Des
Moines, Iowa 50319
2.2 Restriction on Communication
3.
From the issue date of this RFP until announcement of the successful vendor, vendors may contact only the Issuing Officer. The Issuing Officer will respond only to questions regarding the procurement process. Questions related to the interpretation of this RFP must be submitted in writing to the Issuing Officer by 4:30 p.m., central time, [date]. Verbal questions related to the interpretation of this RFP will not be accepted. Vendors may be disqualified if they contact any state employee other than the issuing officer.
2.3 Downloading the RFP from the Internet
4.
All amendments will be posted on the Agency’s home page at [website address]. The vendor is advised to check the Agency’s home page periodically for amendments to this RFP, particularly if the vendor downloaded the RFP from the Internet as the vendor may not automatically receive amendments. If the vendor received this RFP as a result of a written request to the Agency, the vendor will automatically receive amendments.
This provision alerts vendors that they should check the internet for amendments to the RFP if they downloaded the RFP from the internet.
2.4 Procurement Timetable
5.
The following dates are set forth for informational and planning purposes; however, the Agency reserves the right to change the dates.
Notice of Intent to Issue RFP [Date]
Issue
RFP [Date]
Resource
Room Available [Date]
Vendors’
Conference [Date]
Letters
of Intent and Questions Due [Date]
Response to Questions Issued [Date]
Closing
Date for Receipt of Bid Proposals and [Date]
Amendment
to Bid Proposals
Announce
Successful Vendor [Date]
Completion
of Contract Negotiations and [Date]
Execution
of the Contract
Begin Contract [Date]
Remove
the resource room and vendors’ conference from this list if you do not plan to
provide a resource room or vendors’ conference as part of the RFP.
2.5 Resource Room
6.
A resource room will be available, by appointment only, for potential
vendors to review material relevant to the RFP on business days from [date] through [date] during the hours of 8:00 a.m. to 4:00 p.m., central time.
Vendors should contact [enter the Issuing Officer’s name] by phone at (515) [number] to schedule an appointment. See Attachment #
[fill in the number] for a list of materials that will be provided in the Resource Room.
For some very complex RFP’s it may be helpful to provide a resource room where vendors may come and review material relevant to the RFP. Materials that you may make available in a resource room could include a copy of any existing contract(s) for these services or copies of rules and regulations or agency handbooks or manuals with which the successful vendor will have to comply. On some very complex RFP’s it might be essential that vendors review the information in the resource room in order to write an effective proposal. In those cases, you might want to make it a mandatory RFP requirement that prospective vendors use the Resource Room.
Providing a resource room is one way you can alleviate a potential vendor conflict of interest when for some reason one vendor has access to nonpublic information that would give it a “leg up” on the competition. This type of concern is sometimes implicated when an Agency has had a contract for services with a vendor and it is time to re-bid the contract. One way to deal with this problem is to make the information (or as much of it as possible) available to the other potential vendors so that all potential vendors have access to the same information. You might establish a resource room containing a copy of the existing contract and all other materials that would be relevant to the existing contract and the project so that other vendors have an opportunity to review that information and to be on a more level playing field with the incumbent vendor.
If you do not plan to provide a resource room, delete this provision. You will also want to make sure to delete the reference to the resource room in the procurement timetable.
2.6 Vendors’ Conference
You may elect to hold a vendors’ conference to address vendors’ questions about the RFP. You are not required to hold a vendors’ conference, but one may be helpful for more complex RFP’s or when potential vendors may be interested in looking for other potential vendors to partner with for submission of a proposal. If you do not plan to hold a vendors’ conference, you may simply say, “A vendors’ conference to discuss this RFP will not be held.” You will also want to make sure to delete the reference to the vendors’ conference in the procurement timetable. If you decide to hold a vendors’ conference you may make attendance at the conference mandatory by inserting the word “mandatory” in the first sentence before the word “vendors”. Before making attendance mandatory, however, one factor to consider is whether most of the vendors are located outside the state (which may make attendance at the conference difficult and expensive).
A vendors’ conference will be held on [date], at [time a.m. or p.m.], central time, at the [location]. The [location] is located at [address]. Attachment # [insert number of the attachment] is a map showing the location of the building and parking availability. The purpose of the vendors’ conference is to discuss with prospective vendors the work to be performed and allow prospective vendors an opportunity to ask questions regarding the RFP. Verbal discussions at the vendors’ conference shall not be considered part of the RFP unless confirmed in writing by the Agency and incorporated into this RFP. The conference will be recorded. Questions asked at the conference that cannot be adequately answered during the conference may be deferred. A copy of the questions and answers will be sent to vendors who submit a letter of intent to bid.
If you do not require letters of intent to bid, you should amend the final sentence. For example: “A copy of the questions and answers will be sent to vendors who attend the vendors’ conference.”
2.7 Questions,
Requests for Clarification, and Suggested Changes
Vendors are invited to submit written questions and requests for clarifications regarding the RFP. Vendors may also submit suggestions for changes to the requirements of this RFP. The questions, requests for clarifications, or suggestions must be in writing and received by the Issuing Officer before 4:30 p.m., central time, [date]. Oral questions will not be permitted. If the questions, requests for clarifications, or suggestions pertain to a specific section of the RFP, the page and section number(s) must be referenced. Written responses to questions, requests for clarifications, or suggestions will be sent on or before [date] to vendors who received RFP’s. The Agency’s written responses will be considered part of the RFP. If the Agency decides to adopt a suggestion, the Agency will issue an amendment to the RFP.
If your Agency’s fax machine or e-mail system are not reliable or if you are concerned that faxed or e-mailed communications may otherwise get lost, you may want to provide that the Agency will not accept these questions via fax or email. The following language is acceptable: “Questions, requests for clarifications, or suggestions must be submitted to the Issuing Officer by mail and will not be accepted via fax or electronic mail.”
The Agency assumes no responsibility for verbal representations made by its officers or employees unless such representations are confirmed in writing and incorporated into the RFP.
This section gives vendors an opportunity to ask questions if there is something they don’t understand in the RFP. It also provides an opportunity for vendors to raise issues the Agency might not have thought about or that may have unintended consequences for the Agency to consider. This language also specifically provides that any questions or exceptions must be submitted in writing and that all potential vendors will have an opportunity to review all of the questions asked and answers given.
2.8 Amendment to the RFP and Bid Proposal and Withdrawal of Bid Proposal
7.
The Agency reserves the right to amend the RFP at any time. The vendor shall acknowledge receipt of an amendment in its proposal. If the amendment occurs after the closing date for receipt of bid proposals, the Agency may, in its sole discretion, allow vendors to amend their bid proposals in response to the Agency's amendment if necessary.
The vendor may amend its bid proposal. The amendment must be in writing, signed by the vendor and received by time set for the receipt of proposals. Electronic mail and faxed amendments will not be accepted.
Vendors who submit proposals in advance of the deadline may withdraw, modify, and resubmit proposals at any time prior to the deadline for submitting proposals. Vendors must notify the Issuing Officer in writing if they wish to withdraw their proposals.
This section gives the Agency the opportunity to amend the RFP in case it needs to. It also provides the process for amending the RFP and requires vendors to acknowledge the changes. The section also allows vendors that submitted proposals early to withdraw proposals so they can modify the proposals and re-submit them. This may be helpful if a vendor submitted a proposal before learning of an amendment to the RFP. If you have concerns about the reliability of the email and fax equipment in your office, you may want to say that you will not accept fax or email requests to withdraw proposals. Some language you might use for this is: “Electronic mail and faxed requests to withdraw will not be accepted.”
2.9 Letters of Intent to Bid
A letter of intent to bid must be mailed, sent via delivery service or hand delivered by the vendor or the vendor’s representative to the Issuing Officer and received by 4:30 p.m., central time [date]. The letter of intent to bid must include the vendor’s name, mailing address, electronic mail address, fax number, telephone number, a statement of intent to bid for the [title] contract, and an authorizing signature. Electronic mail and faxed letters of intent to bid will not be accepted.
Submitting a letter of intent to bid is a mandatory condition to submit a bid proposal and to ensure receipt of written responses to vendors’ questions and amendments to the RFP. Failure to submit a letter of intent by the deadline specified will result in the rejection of the vendor's bid proposal.
You may want to require potential vendors to submit a letter of intent to bid. This may help you to anticipate the number of responses you may receive so that you can plan accordingly. Letters of intent to bid may also help prospective vendors identify other service providers it might want to partner with to submit a combined proposal. In some instances, requiring letters of intent to bid will not assist the Agency and may only give vendors unnecessary insight into how stiff the competition will be so they can adjust their prices accordingly. In these situations you may not want to require a letter of intent to bid. If you do not need letters of intent to bid, simply delete this section. If you do not require letters of intent to bid, you will also need to revise the language of section 2.6 regarding mailing out the questions and answers from the vendors’ conference and delete the reference to Letters of Intent in the procurement timetable of section 2.4.
2.10 Submission of Bid Proposals
8.
The Agency must receive the bid proposal at [location] before [time], central time, [date]. This is a mandatory requirement and will not be waived by the Agency. Any bid proposal received after this deadline will be rejected and returned unopened to the vendor. Vendors mailing bid proposals must allow ample mail delivery time to ensure timely receipt of their bid proposals. It is the vendor’s responsibility to ensure that the bid proposal is received prior to the deadline. Postmarking by the due date will not substitute for actual receipt of the bid proposal. Electronic mail and faxed bid proposals will not be accepted.
Vendors must furnish all
information necessary to evaluate the bid proposal. Bid proposals that fail to meet the mandatory
requirements of the RFP will be disqualified.
Verbal information provided by the vendor shall not be considered part
of the vendor's proposal.
A declaration that the proposal must be submitted on time and that the Agency will not waive this requirement will save the Agency the trouble of having to answer the question, “What is late?”
2.11 Bid
Proposal Opening
The Agency will open bid proposals at [time], central time, [date]. The bid proposals will remain confidential until the Evaluation Committee has reviewed all of the bid proposals submitted in response to this RFP and the Agency has announced a notice of intent to award a contract. See Iowa Code Section 72.3.
2.12 Costs of Preparing the Bid Proposal
9.
The costs of preparation and delivery of the bid proposal are solely the responsibility of the vendor.
This provision makes it clear that it is the vendor, not the Agency, that must pay any costs associated with submitting a proposal. This is an important provision to have in an RFP.
2.13 Rejection of Bid Proposals
10.
The Agency reserves the right to reject
any or all bid proposals, in whole and in part, received in response to this
RFP at any time prior to the execution of a written contract. Issuance of this RFP in no way constitutes a
commitment by the Agency to award a contract.
This RFP is designed to provide vendors with the information necessary
to prepare a competitive bid proposal.
This RFP process is for the Agency’s benefit and is intended to provide
the Agency with competitive information to assist in the selection of a vendor
to provide services. It is not intended
to be comprehensive and each vendor is responsible for determining all factors
necessary for submission of a comprehensive bid proposal.
It is important to reserve the right to
reject bids – either on an individual basis or to reject all bids.
2.14 Disqualification
11.
The Agency shall reject outright and shall not evaluate proposals for any one of the following reasons:
12.
2.14.1 The vendor fails
to deliver the bid proposal by the due date and time.
13.
2.14.2 The vendor fails
to deliver the cost proposal in a separate envelope.
2.14.3 The vendor states that a service requirement cannot be met.
2.14.4 The vendor's response materially changes a service requirement.
2.14.5 The vendor’s response limits the rights of the Agency.
2.14.6 The vendor fails to include information necessary to substantiate that it will be able to meet a service requirement. A response of "will comply" or merely repeating the requirement is not sufficient. Responses must indicate present capability; representations that future developments will satisfy the requirement are not sufficient.
2.14.7 The vendor fails to respond to the Agency's request for information, documents, or references.
2.14.8 The vendor fails to include a bid bond.
2.14.9 The vendor fails to include any signature, certification, authorization, stipulation, disclosure or guarantee requested in section 4 of this RFP.
2.14.10 The vendor presents the information requested by this RFP in a format inconsistent with the instructions of the RFP.
2.14.11 The vendor initiates unauthorized contact regarding the RFP with state employees.
2.14.12 The vendor provides misleading or inaccurate responses.
You need to tell potential vendors what things could result in rejecting their proposals outright. If you are not requiring a bid bond, delete the reference to bid bond here. Other things that could be added to this list (depending on the requirements of your RFP) include failure to attend the vendors’ conference and failure to utilize the resource room. You should note that the language of this provision requires you to disqualify a potential vendor if one of the listed circumstances exist. As a result, in some circumstances, you may want to remove items from the list. Another alternative if you want to preserve flexibility is to change the introductory language to read: “The Agency may reject outright . . .”
2.15 Nonmaterial and Material Variances
14.
The
Agency reserves the right to waive or permit cure of nonmaterial variances in
the bid proposal if, in the judgment of the Agency, it is in the Agency’s best
interest to do so. Nonmaterial variances
include minor informalities that do not affect responsiveness; that are merely
a matter of form or format; that do not change the relative standing or
otherwise prejudice other vendors; that do not change the meaning or scope of
the RFP; or that do not reflect a material change in the services. In the event the Agency waives or permits
cure of nonmaterial variances, such waiver or cure will not modify the RFP
requirements or excuse the vendor from full compliance with RFP specifications
or other contract requirements if the vendor is awarded the contract. The determination of materiality is in the
sole discretion of the Agency.
This
provision gives the Agency the flexibility to waive small Errors in the
proposal.
2.16